What are the Franchise Policy Guidelines related to the use of Counselor Realty's marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
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You must use Counselor's Marks only in the manner set forth in the Franchise Agreement and Franchise Policy Guidelines, and as specified periodically by Counselor. You may not use any of the Marks as part of a corporate, partnership or trade name without our consent.
Counselor reserves sole discretion to determine what steps, if any, are to be taken in any instance of unauthorized use or infringement of any of its Marks and has complete control of any litigation or settlement in connection with any claim of an infringement, unfair competition or unauthorized use with respect to the Marks. Counselor is not obligated to protect your use of the licensed Marks or to protect you against claims of infringement or unfair competition.
14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Counselor does not grant you the right to use any item covered by a patent or copyright, but does permit you to use proprietary information in applicable components of the Franchise Policy Guidelines. Although Counselor has not applied for federal copyright registration of the Franchise Policy Guidelines or its individual components, the information in the entire Franchise Policy Guidelines is proprietary and Counselor owns the copyright in the entire Franchise Policy Guidelines, and in various advertising and sales promotion materials, and customer convenience and other materials, used in connection with your Office.
15.
Source: Item 13 — TRADEMARKS (FDD pages 23–24)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines when using Counselor Realty's trademarks. The Franchise Agreement and Franchise Policy Guidelines dictate the proper usage of the marks, and Counselor Realty can specify further instructions periodically. Franchisees are prohibited from incorporating any of Counselor Realty's marks into a corporate, partnership, or trade name without explicit consent from Counselor Realty.
Counselor Realty retains the sole right to decide on the appropriate course of action regarding any unauthorized use or infringement of its marks, including complete control over any related litigation or settlements. However, Counselor Realty is not obligated to protect a franchisee's use of the licensed marks or defend against claims of infringement or unfair competition.
Counselor Realty also reserves the right to modify its trademarks, including changing or discontinuing programs or promotions associated with them, and adding, altering, or deleting trademarks from the list licensed to franchisees. Counselor Holding holds or has applied for registration of the following Marks on the principal register in the United States Patent and Trademark Office: COUNSELOR, PROFIT FROM OUR EXPERIENCE, and COUNSELOR REALTY. These marks are registered under registration numbers 2,382,935, 2,500,275 and 7,034,376, registered on September 5, 2000, October 23, 2001, and April 25, 2023, respectively.
For a prospective franchisee, this means that using Counselor Realty's trademarks requires strict adherence to the guidelines provided, and any deviation could lead to legal repercussions. Additionally, franchisees should be aware that Counselor Realty can change its trademarks at any time, which could impact their marketing and branding efforts. It is important to fully understand these guidelines and restrictions before entering into a franchise agreement with Counselor Realty.